TERMS AND CONDITIONS OF THE DAMIAN MEDICAL CENTER ONLINE STORE

version 1/2024

GENERAL PROVISIONS; GLOSSARY

These regulations define:

the terms and conditions of use of the Online Store;
the manner of concluding the Product purchase agreement, including the terms and conditions for placing an Order;
principles of payment of the Product purchase price by the Customer;
Customer's rights to withdraw from the Product purchase agreement;
rules for filing and processing complaints.

Whenever any of the following terms is used in these Regulations, it shall have the following meaning:

Online Store - an online store available at the Internet domain: sklep.damian.pl, operated by the Damian Medical Center;
Damian Medical Center - Centrum Medyczne Damiana Holding sp. z o.o. with its registered office in Warsaw, 46 Wałbrzyska Street, 02-739 Warsaw, registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000189581;
Client - a natural person with full legal capacity, using the Online Store, including in particular purchasing a Product;
Product - Goods, Service or Package of Services, described in detail in the Product Card;
Goods - an item that can be purchased from the Online Store;
Service - a service that can be ordered from the Online Store;
Beneficiary - the Customer or the person entitled to use the Service ordered by the Customer;
Service Package - a set of Services offered in the Online Store that is predetermined or subject to specification (selection) by the Beneficiary in accordance with the relevant Product Card;
Product Card - a description of the Goods, Services or Service Package found in the Online Store, including the terms and conditions of service or the terms and conditions pertaining to a particular Product;
Shopping Cart - the functionality of the Online Store consisting of enabling the display of Products selected by the Customer, as well as the introduction and modification of order data such as: the number of Products, invoice data, payment methods, place of Service, place of delivery of the Goods, Customer's data;
Order - the Customer's statement of intent to purchase a Product from the Online Store expressed by placing the Product in the Shopping Cart, proceeding to the "order and pay" step and making payment;
Purchase Confirmation - an e-mail message sent by the Online Store to the e-mail address indicated by the Customer (by filling out an electronic form in the Online Store) constituting a statement of intent of Damian Medical Center to accept the Order;
Contract (Transaction) - an agreement for the purchase of a Product that is concluded between the Customer and Damian Medical Center through the delivery of the Confirmation of Purchase to the Customer;
Activation of the Service - obtaining by the Beneficiary the rights to use the acquired Service or Service Package;
Damian Medical Center Hotline - a hotline available at telephone number [-], through which it is possible to place an Order, obtain support in the purchase process, including information on Products available in the Online Store.

TERMS AND CONDITIONS OF USING THE ONLINE STORE
In order to use the Online Store, including browsing the range of products in the Online Store, it is necessary to have a terminal device with access to the Internet and a web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. In addition, an active electronic mail (e-mail) account or telephone is necessary to use some of the functionality of the Online Store, including placing Orders.
In the use of the Online Store, it is prohibited for Customers to provide content that violates the law or good morals. In addition, the customer is obliged to refrain from any activity that could negatively affect the proper functioning of the Online Store, including, in particular, from any interference with the content of the Online Store or its technical elements. It is also forbidden to use the Internet Store for purposes contrary to its purpose, including sending spam, conducting any commercial, advertising or promotional activities in the Internet Store.
The Online Store sells only to natural persons who are consumers within the meaning of the Civil Code. Entities that are not consumers within the meaning of the Civil Code may purchase Products in other sales channels operated by the Damian Medical Center.
By purchasing from the Online Store, the Customer confirms that he or she has full legal capacity.
Browsing the assortment of the Online Store and placing Orders does not require registration.
PRODUCT INFORMATION
Information about the Products available in the Online Store constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
A detailed description and terms of use of the Product can be found in the Product Card assigned to it. The Product Card also specifies:

the date of activation of the Service;
conditions, place and manner of performance of the Service, including the use of the Service Package, or delivery of the Goods (this place must be located in Poland);
specifications of the Goods and guarantees concerning the Goods;
other terms and conditions of providing the Service and performing the Agreement.

Prices of Products indicated in the Online Store are given in Polish zloty (PLN). The total cost of the Order (i.e. the prices of all Products covered by the same Order, including the shipping costs of the Goods) is indicated in the Shopping Cart before placing the Order. Prices are indicated in gross amounts.
The Damian Medical Center reserves the right to make changes in prices and type of Goods and Services on an ongoing basis. Such change shall not affect the content of the Agreement concluded before such change.
PLACING AN ORDER, CONCLUDING A CONTRACT
In order to place an Order it is necessary to fill in a form located on the website of the Online Store by providing the data specified in paragraph 5 item 1.
It is also possible to place an Order via the Damian Medical Center Hotline. In such a case, the Customer will be asked to read these Regulations and the Privacy Policy, and then a consultant of the Damian Medical Center Hotline will guide him/her through the process of placing an Order described further in these Regulations.
The Customer may place Orders for Products available in the assortment of the Online Store 7 (seven) days a week and 24 (twenty-four) hours a day, subject to prohibitions or restrictions on trade resulting from mandatory provisions of law and technical interruptions.
Placing Orders with the help of the Damian Medical Center Helpline is possible during its working hours, i.e. from Monday to Friday from 7 am to 9 pm, Saturdays from 7 am to 8 pm, Sundays from 8 am to 8 pm.
To place an Order, select the Product and then follow the next steps of concluding the Transaction, in particular:
- fill out the Order form by providing: first name, last name, gender, date of birth, PESEL or passport number and telephone number, residential address, mailing address, email address;
- accept the terms and conditions of the Services or the regulations for the Product;
- if an invoice is needed, enter the invoice data, if different from the data for receipt of the Product by the Beneficiary;
- select the method of payment;
- click the "order and pay" button.
An order shall be considered properly placed if the Customer has correctly specified (configured) the Product according to the guidelines available in the Product Card and has made full payment.
The Customer is obliged to correctly fill in the data indicated in paragraph 5 item 1 necessary to create the Order.
The moment of conclusion of the Contract is the moment of receipt of the Purchase Confirmation by the Customer.
In the case of Products that do not require appointment booking, the Order shall be deemed not placed by the Customer if payment for the Product is not received within 30 (thirty) calendar days from the date of filling in the Order form and sending it to the server of Damian Medical Center. In the case of Services requiring reservation of an appointment, the Order shall be deemed not submitted by the Customer if payment for the Service is not received within 15 (fifteen) minutes from the completion of the Order form and sending it to the server of the Damian Medical Center. In the aforementioned cases, the Contract will not come into effect.
PAYMENT

Payment is made through the payment system selected by the Customer from among those indicated here.

CASES OF NON-PERFORMANCE OF THE AGREEMENT
The Damian Medical Center may refrain from executing the Agreement in the event that it is impossible or involves a risk of damage, as a result of:
- the Customer providing incorrect or false data when placing the Order;
- inability to contact the Customer at the telephone number or e-mail address specified in the Order;
- reasonable suspicion of committing a crime, misdemeanor or other violation of law in connection with the Order.
The Contract shall be enforceable in case of clarification of doubts or removal of irregularities. The Damian Medical Center may also cancel the Order if the irregularity is irremediable or is not corrected in a timely manner. If Damian Medical Center cancels the Contract or the Contract is invalid in accordance with the provisions of the Civil Code, the Customer will receive a refund of the price paid. The return of the paid price is equivalent to a declaration of the Damian Medical Center to terminate the Agreement or a declaration of waiver of the effects of submitting the Purchase Confirmation.
WITHDRAWAL FROM THE AGREEMENT
The Customer may withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement by sending an email to: e-dok@damian.pl or by using the online form available on the Online Store website. The Consumer shall bear the direct costs of returning the Goods.
In the case of Goods delivered in sealed packaging, withdrawal from the Agreement is not possible after opening the packaging.
Damian Medical Center guarantees the return of the price paid within 14 (fourteen) days to the bank account from which the payment was initiated without charging the Customer with any additional cost.
If the Product Card stipulates the obligation of the Customer to pay a fee or contractual penalty for late cancellation or non-cancellation of the Service date and the prerequisites for this obligation have been fulfilled before the withdrawal from the Contract, the amount due shall be deducted from the refundable price in accordance with paragraph 3.
PERSONAL DATA
Personal data provided by the Customers in the Online Store, are processed by the Damian Medical Center as the data administrator.
The provision of personal data by the Customer is voluntary, however, it is necessary to purchase the Product and use the Services. Damian Medical Center processes personal data in order to conclude and perform the Agreement with the Customer. The full content of the information clause is available here.
The Customer, by providing personal data, declares that the data are his/her data.
The Customer, by including the Beneficiary's data (including name, PESEL, address, telephone number or e-mail address) within the Online Store service, declares that it does not and will not violate the provisions of applicable law and personal rights of that person.
COMPLAINTS
Complaints containing questions, suggestions, information about problems with the Online Store may be submitted in one of the following ways:
- by e-mail to: e-dok@damian.pl;
- by phone 22 566 22 22 available on weekdays from 7 am to 9 pm;
- by filling out an online form available on the website of the Online Store.
Complaints about service shall be processed within 10 (ten) working days.
Complaints regarding purchased Products shall be considered within 30 (thirty) working days from the date of receipt of all data necessary to consider the complaint at the address of the Damian Medical Center or at the e-mail address: reklamacje@damian.pl.
At the request of the Damian Medical Center, the Customer shall perform actions enabling the Damian Medical Center to receive information necessary to properly process the complaint.
FINAL PROVISIONS
Damian Medical Centre is not responsible for the quality of the Internet connection at the time of concluding the Transaction in the Online Store and for software errors and other defects of the Customer's terminal equipment.
The Damian Medical Center declares that, in accordance with the agreements concluded with telecommunications operators, such operators should not charge the Customer for telephone connections other than for ordinary telephone connections.
The service purchased in the Online Store, including the Service Package, cannot be transferred (transferred for use) under any title, even in part, to a third party without the consent of the Damian Medical Center.
The acquired Product shall not be exchanged for another Product.
Acquired Services do not replace services that the Damian Medical Center is obliged to provide under any legal relationship other than the Agreement.
Amendments to these Regulations shall be made by publishing the amended text of the Regulations on the sklep.damian.pl website. Such amendment shall not affect the performance of the Agreement concluded prior to the effective date of the amendment.